Effective
January 1, 2007
,
all residential property conveyances (transfers or sales)
within the City of
Dayton
shall be required to include a disclosure of open violation notices.The information below is to explain the requirements and help you comply
with this ordinance.

What is this Disclosure
Ordinance?

This is a new ordinance requiring both the seller of any residential property
to file a Certificate of Disclosure with the Housing Inspection Division.
This disclosure form must be filed with the Housing Inspection Division regardless
of whether or not there are any outstanding violation notices on the property.

Where can I find the Certificate
of Disclosure form?

The Certificate of Disclosure form can be found on the City of Dayton’s website.

To help ensure that any existing violation notices on the property get resolved
satisfactorily.

How does the Disclosure
Ordinance accomplish that?

The disclosure ordinance requires the addresses and phone numbers of the buyer,
seller, real estate agent, title company, appraiser, and mortgage or lending institution
assisting in the conveyance.Any open
violation notices must be disclosed so that they can be corrected prior to the sale
or it confirms that the buyer is agreeing to make the listed repairs.

Can the property be sold
with an open code violation notice?

Yes.However the buyer is acknowledging
that they will appeal the violation notice to the Housing Appeals Board within 10
days or make the necessary repairs within
a reasonable time agreed upon with the inspector.
Failing to comply with the Legal Notice is a third degree offense punishable
by up to a $500.00 fine and or 30 days incarceration.

Who has to file this Certificate
of Disclosure?

The seller is
responsible for the filing and signing below part A of the form.The buyer must sign the completed
form only if there are violation notices open on the property.

Are there any exceptions?

Yes.Section 93.54 (D) exempts sales
or transfers made under the following circumstances:

(1)Made pursuant to judicial orders;

(2)Made to or by the state, a political subdivision of
the state, or another government entity;

(3)
Made between spouses or former spouses as a result
of a decree of divorce, dissolution of marriage, annulment, or legal separation
or as a result of property settlement agreement incidental to a decree of a divorce,
dissolution of marriage, annulment, or legal separation.

(4)New construction; once the structural building permit has been finaled, the property is exempt for one (1) year from that approved date.

Is there a cost for filing
the Certificate of Disclosure?

Only if there is an open violation notice outstanding on the property.If violation notices do exist, then a $60.00 filing fee is required.If there are no violation notices, the
filing of the disclosure form is free.93.54 (C)

How do I know if violation
notices exist?

Go to the City of
Dayton
’s web site www.cityofdayton.org.Under Notable Documents,
go to Disclosure Ordinance.
By searching for the address of the property, you will be able to search for
any open violation orders.

What do I do when I find
the address?

The violations cited on any orders will appear in a list.You can then select to print the Certificate of Disclosure and the violations
will print
as an attachment to the form.Have both
the buyer and seller sign the completed application and fax to (937) 333-4294 or
mail to the following address:

Housing Inspection Division

Certificate of Disclosure

P.O. Box 22

DaytonOH45401-0022

What if I can not find
the address on your web site?

For newer structures, it is possible that we do not have the address in our Housing
Inspection data base system yet.If
you do not find the address you are looking for, first check the parcel ID number.All City of
Dayton
properties start with R72.If your
MontgomeryCounty
parcel ID number starts with anything but an R72, it is not within the City of
Dayton
.

If your property
does start with R72 and it does not appear in the search, call (937) 333-3977 and ask to
speak to someone to obtain a Certificate of Disclosure form on a property not listed
in the system.They will take your
information and research the address and get back to you within 48 hours.

When does the form need
to be submitted?

The signed Certificate of Disclosure must be received at least three (3) days prior
to the sale of the property.
93.54 (B)However,
the important thing is to file the disclosure form within 10 days after the closing.

Is there a penalty for
not complying with this ordinance?

Yes.For individuals, the first violation
of this section is a minor misdemeanor, and any subsequent offense is a fourth degree
misdemeanor.A minor misdemeanor conviction
carries a maximum fine of $150.00.
A fourth degree misdemeanor conviction carries a maximum fine of $250.00 and or
incarceration of not more than 30 days.

For an organization convicted of violating this section, a minor misdemeanor conviction
carries a maximum fine of $1,000.00, and a fourth degree misdemeanor conviction
carries a maximum fine of $2,000.00.

Thank you for assisting us in making
Dayton
a safe and beautiful place to live, work, and play.